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CPL. SEGUN OLADELE V. THE NIGERIAN ARMY

(2004) JELR 42389 (CA)

Court of Appeal  •  CA/L/361/2001  •  18 Mar 2004  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA PIUS OLAYIWOLA ADEREMI JCA MUSA DATTIJO MUHAMMAD JCA

Appearances
Aliens Agbaka, Esq. For the Appellant; I.A. Adamu, Esq. For the Respondent.

Judgement

ADEREMI, J.C.A. (Delivering the Leading Judgment): The appeal is against the judgment of the General Court Martial delivered on the 22nd of December, 2000 whereby the appellants were convicted and sentenced to terms of imprisonment ranging from life imprisonment to some years of imprisonment. The General Court Martial sat at the Cantonment Officers Mess, Ikeja, Lagos. The said appellants had been court martialed for the following offences the counts of which run into 3(three):

1. Mutiny, punishable under section 52 (2) of the Armed Forces Decree No. 105, 1993 (as amended).

2. Conduct to the prejudice of good order and service, discipline, punishable under section 103(1) of the Armed Forces Decree No. 105, 1993 (as amended).

3. , Disobeying a particular order, punishable under section 56(1) of the Armed Forces Decree No. 105, 1993 (as amended).

Briefly, the facts leading to this appeal are as follows:

The appellants were part of the Nigerian Army personnel serving ECOMOG PEACE KEEPI…

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